Chapter 16.40 — PARK AND RECREATION LAND DEDICATION AND IN-LIEU FEES

PARK AND RECREATION LAND DEDICATION AND IN-LIEU FEES

16.40.020 Requirements.

16.40.030 General standards.

16.40.040 Formula for dedication of land.

16.40.050 Formula for fees in lieu of land dedication.

16.40.060 Criteria for requiring both dedication and fee.

16.40.070 Amount of fee in lieu of land dedication.

16.40.080 Determination of fair market value.

16.40.090 Determination of land or fee.

16.40.100 Credit for private open space.

16.40.110 Procedure.

16.40.120 Alternate procedure for collection of fees.

16.40.130 Disposition of fees.

16.40.140 Exemptions. 16.40.150 Subdivider-provided park and recreation improvements.

16.40.160 Access.

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of and/or payment of a fee is required by this Chapter are in accordance with the Open Space Element of the General Plan of the City.

(Ord. 824-2016 § 15 (part), 2017)

At the time of approval of the tentative map or tentative parcel map, the City Council shall determine, pursuant to Section 16.40.040, the land required for dedication or in-lieu fee payment. As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for neighborhood and community park or recreational purposes at the time and according to the standards and formula contained in this Chapter. In the event park and recreational services are provided by a public agency other than the City, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the City and such public agency.

(Ord. 824-2016 § 15 (part), 2017)

It is found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each one thousand persons residing within this City be devoted to neighborhood and community park and recreational purposes.

(Ord. 824-2016 § 15 (part), 2017)

A. Where a park or recreation facility has been designated in the Open Space Element of the General Plan of the City, and is to be located in whole or in part within a proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography that bears a reasonable relationship to serve the present and future needs of the residents of the subdivision but not designated solely for that subdivision being created. The amount of land to be provided shall be determined pursuant to the following formulas:

B. Dedication of the land shall be made in accordance with the procedures contained in Section 16.40.110.

C. For the purposes of this section, the number of new dwelling units, defined as single family detached, attached, second units, live-work units or any combination thereof, the fee or dedication of land shall be calculated at the greatest possible number of units a parcel may be able to be developed to for any residential or non-residential parcel. In the case of a condominium project, the number of new dwelling units shall be the number of condominium units. The term "new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

D. The subdivider shall, without credit:

1. Provide full street improvements and utility connections including, but not limited to, curbs gutters, street paving, traffic-control devices, street trees, and sidewalks to land which is dedicated pursuant to this section.

2. Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land pursuant to the requirements and limitations of Title 17.

3. Provide improved drainage through the site.

4. Provide other minimal improvements which the City Council determines to be essential to the acceptance of the land for recreational purposes.

E. The land to be dedicated and the improvements to be made pursuant to this section shall be approved by the City Council.

(Ord. 824-2016 § 15 (part), 2017)

A. General formula. If there is no park or recreation facility designated in the Open Space Element, to be located in whole or in part within the proposed subdivision, to serve the immediate and future needs of the residents of the subdivision and the City in general, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of that land, plus twenty-five (25) percent toward costs of off-site improvements prescribed for dedications in Section 16.40.040 and in an amount determined in accordance with the provisions of Section 16.40.040, such fee to be used for a local park which bears a reasonable relationship to serve the present and future residents of the area being subdivided. For the purpose of this chapter, off-site improvements are defined as those improvements which would have been required if land had been dedicated using the provisions of Section 16.40.040.

B. Fees in lieu of land; fifty parcels or less. If the proposed subdivision contains fifty (50) parcels or less, the subdivider shall pay a fee equal to the land value, plus twenty-five (25) percent toward costs of off-site improvements, of the portion of the local park required to serve the needs of residents of the proposed subdivision as prescribed in Section 16.40.040, and in an amount determined in accordance with the provisions of Section 16.40.070. However, nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the land is acceptable to the City Council.

C. Use of money. The money collected under this chapter shall be used only for the purpose of acquiring necessary land and developing new or rehabilitating existing park or recreational facilities reasonably related to serving the subdivision.

(Ord. 824-2016 § 15 (part), 2017)

In subdivisions of more than fifty (50) parcels, the subdivider shall both dedicate land and pay a fee in lieu thereof in accordance with the following formula:

A. When only a portion of the land to be subdivided is proposed on the Open Space Element, as the site for a local park, such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section 16.40.070 shall be paid for the value of any additional land, plus twenty-five (25) percent toward costs of off-site improvements, that would have been required to be dedicated pursuant to Section 16.40.040.

B. When a major part of the local park or recreation site has already been acquired by the City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated and a fee computed pursuant to the provisions of Section 16.40.070 shall be paid in an amount equal to the value of the land, plus twenty-five (25) percent toward costs of off-site improvements, which would otherwise have been required to be dedicated pursuant to Section 16.40.040 hereof, such fees to be used for the improvement of the existing park and recreation facility or for the improvement of other local parks and recreation facilities in the area serving the subdivision.

(Ord. 824-2016 § 15 (part), 2017)

A. When a fee is to be paid in lieu of land dedication value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication pursuant to Section 16.40.040, plus twenty percent toward costs of off-site improvements.

B. The fee shall be determined by the following formula:

Formula based on population estimate: The formula for determining acreage per proposed dwelling unit to be dedicated shall be as follows: DU x population x 5 acres = acreage to be dedicated Dwelling unit 1000 people The calculation shall be based on the most recent number provided by the State Department of Housing and Community Development. The average number of persons per dwelling unit in the as of 2016 is 2.96 persons per unit.

• C. Fees to be collected pursuant to this section shall be approved by the City Council.

• (Ord. 824-2016 § 15 (part), 2017)

The fair market value shall be determined upon a written appraisal prepared by an appraiser who is acceptable to both the City and the subdivider. The cost of the appraisal shall be borne by the subdivider. The appraisal will be made immediately prior to the filing of the final map. The subdivider shall notify the City of the expected filing date at least six weeks prior to filing of the final map. If more than one year elapses prior to the filing of the final map, the City will prepare a new appraisal and will bill the subdivider for the cost of the reappraisal. For the purposes of this chapter, the determination of the fair market value of a buildable acre, as defined in Section 16.40.070, shall consider, but not necessarily be limited to, the following:

• A. Approval of and conditions of the tentative subdivision map.

• B. The General Plan.

• C. Zoning.

• D. Property location.

• E. Off-site improvement facilitating use of the property.

• F. Site characteristics of the property.

• (Ord. 824-2016 § 15 (part), 2017)

A. Whether the City Council accepts a land dedication or elects to require payment of a fee in-lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. The natural features, access, and location of land in the subdivision available for dedication;

2. The size and shape of the subdivision and land available for dedication;

3. The feasibility of dedication;

4. The compatibility of dedication with the open space element policies;

5. The location of existing and proposed park sites and trail ways.

B. The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

• (Ord. 824-2016 § 15 (part), 2017)

A. No credit shall be given for private open space in the subdivision, except as hereinafter provided. Where private open space usable for recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code, partial credit not to exceed fifty percent shall be given towards the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met:

1. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space.

2. Private park and recreation facilities shall be owned by a home owner's association composed of all property owners in the subdivision and being an incorporated nonprofit organization capable of dissolution only by a one hundred percent affirmative vote of the membership, operated under recorded land agreements through which each lot owner in the neighborhood is automatically a member and each lot is subject to a charge for a proportionate share of expenses for maintaining the facilities. In the case of dissolution of the homeowner's association, the former private open space may be determined to be accessible and useable by any resident of the City.

3. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated.

4. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location.

5. Facilities proposed for the open space are in substantial accordance with the provisions of the Open Space Element of the General Plan.

6. The open space for which credit is given is generally a minimum of three acres and provides all the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

a. Recreational open spaces which are generally defined as park areas for active recreation pursuits such as soccer, golf, baseball, softball and football, for organized sports and leagues for use, and have at least one acre of maintained turf with less than five percent slope,

b. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts, or similar hard surfaced areas especially designed and exclusively used for court games,

c. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

d. Recreation buildings and facilities designed and primarily used for the recreational needs of the residents of the development.

B. The determination of the City Council as to whether credit shall be given and the amount of credit shall be final and conclusive.

(Ord. 824-2016 § 15 (part), 2017)

A. At the time of approval of the tentative map or parcel map, the City Council shall determine pursuant to Section 16.40.040 the land required for dedication. If the City Council requires in-lieu fee payment by the subdivider, the City Council will set the amount of land upon which the in-lieu fee will be based at the time of the final map approval.

B. At the time of filing of the final subdivision map or parcel map, the subdivider shall dedicate the land or pay the fees as required by the City Council as established at the time of tentative map or parcel map approval. In-lieu fees will be established using current land values at the time of final map approval with the formula set forth in Section 16.40.070. The City Council shall set the in-lieu fee based on the fair market value of the land as determined using the process set forth in Section 16.40.080.

C. Open space covenants for private park or recreation facilities shall be submitted to the City prior to approval of the final subdivision map or parcel map and will be recorded contemporaneously with the final subdivision map.

(Ord. 824-2016 § 15 (part), 2017)

Upon written request by the subdivider prior to the filing of the final subdivision map or parcel map, the City Council, in their discretion, may provide for the collection of in-lieu fees at the time of the issuance of any building permit for any structure or building to be located upon any lot in the subdivision.

(Ord. 824-2016 § 15 (part), 2017)

A. Fees determined pursuant to Section 16.40.070 shall be paid to the City Finance Director and shall be deposited into the subdivision park trust fund, or its successor. Money in the fund shall be expended solely for acquisition or development of park land, or improvements related thereto. Accrued interest in the fund may be used for maintenance of existing City parks in accordance with Government Code Section 66477.5.

B. Collected fees shall be appropriated by the local agency to which the land or fees are conveyed or paid for in specific project to serve residents of the subdivision in a budgetary year within five (5) years upon receipt of payment or within five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs first.

C. Such fees shall remain deposited with the City until such time the appropriation or project need is determined for the benefit of the residents of the City of Gridley.

(Ord. 824-2016 § 15 (part), 2017)

A. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this chapter; provided however, that a condition shall be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels, the fee shall be required to be paid by the owner of each such parcel as a condition of the issuance of such permit.

B. The provisions of this chapter apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment unless it can be shown the project previously paid in-lieu fees or dedicated land.

(Ord. 824-2016 § 15 (part), 2017)

The value of park and recreation improvements provided by the subdivider to the dedicated land shall not be credited against the fees or dedication of land required by this chapter. The City Council reserves the right to approve such improvements prior to agreeing to accept the dedication of land to require in-lieu fee payments should the land and improvements be unacceptable.

(Ord. 824-2016 § 15 (part), 2017)

All land offered for dedication to local park or recreational purposes shall have access to at least one existing or proposed public street.

(Ord. 824-2016 § 15 (part), 2017)

If, during the ensuing time between dedication of land for park purposes and commencement of first-stage development, circumstances arise which indicate that another site would be more suitable for local park or recreational purposes serving the subdivision and the neighborhood (such as receipt of a gift of additional park land or a change in school location), the land may be sold upon approval of the City Council with the resultant funds being used for purchase and improvements for a more suitable site.

(Ord. 824-2016 § 15 (part), 2017)